UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/499938
APPLICANT: Discovery Communications, Inc.
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CORRESPONDENT ADDRESS: ALAN BLUM WHITE & CASE LLP 1155 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: ANIMAL PLANET
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/499938
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Identification of Goods
The identification of goods is unacceptable because it is contains items that are indefinite or improperly classified, or both. The applicant must amend the identification to specify the common commercial name of all the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01.
A copy of applicant’s current identification is printed below with improperly worded or improperly classified items in bold print with suggestion, where possible, in italics. Applicant may limit the identification to a single class or add the extra classes as discussed below.
plastic and ceramic pet food and drinking bowls; pet brushes and combs, pet hair clippers (indicate whether these are electric or non-electric; in either cases they are in Class 8) and nail clippers (okay for Class 8), pet pedicure sets (identify what the items are; most likely they will be in Class 8), litter boxes; scoops for disposal of pet waste, paper cups and plates, in Class 21
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.
Applicant also may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and their classification at the site listed below.
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
The examining attorney may also be contacted at the telephone numbers below for further consultation regarding the identification.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
The drawing appears to be stippled to indicate shading. The applicant should include a statement to indicate whether the stippling is for purposes or shading and does not indicate color, or whether it actually forms part of the mark. 37 C.F.R. §§2.37 and 2.52(a)(2)(v); TMEP §807.09(b).
If the applicant is the owner of Registration Nos. 2164096; 2173015; 2677160; 2688934, and others, the applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812.
/Paul F. Gast/
Examining Attorney, L. O. 106
(703) 435-3391 ext. 297 main
(703) 308-9106 ext. 297 alternate
(703) 746-8106 LO 106 FAX
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.